As the aviation world grapples with growing concerns over the misuse of ADS-B surveillance data, a U.S. legislative effort is drawing international attention, including from Africa’s emerging general aviation sector.
A new bill introduced by U.S. lawmakers, titled the Pilot and Aircraft Privacy Act, seeks to restrict how Automatic Dependent Surveillance-Broadcast (ADS-B) data can be used. The legislation proposes that ADS-B information, which provides precise aircraft position and identity, should be used solely by air traffic controllers (ATCs) to ensure safety and efficiency, not by government agencies or private contractors to impose fees, fines, or launch legal actions.
The bill’s backers, including Senators Ted Budd, Dan Sullivan, and Tim Sheehy, argue that the current use of ADS-B data to track and charge general aviation pilots is eroding pilot privacy and safety, and discouraging aviation activity, especially among small operators and recreational pilots.
“ADS-B is a critical safety technology… Abusing this technology to levy unfair, sometimes duplicative fees and threatening pilots with legal action will keep some general aviation pilots grounded,” Budd said.
What This Means for African Aviators
This debate has fresh relevance on the African continent, where airspace modernisation is moving forward rapidly. On June 12, 2025, the Republic of South Africa officially mandated ADS-B Out for all aircraft operating in Class A and designated Class C airspace. The policy aims to improve surveillance and safety over the country’s busy skies and aligns with broader regional efforts to adopt ICAO’s global air navigation plan.
However, some aviation professionals across Africa are now questioning whether such surveillance systems might be misused, especially in countries where regulatory transparency remains a work in progress.
Concerns mirror those expressed by the Aircraft Owners and Pilots Association (AOPA) in the U.S., which warns of enforcement actions and legal claims being launched purely on the basis of ADS-B data, without visual or direct ATC observations. In one cited case, pilots faced lawsuits for alleged noise and nuisance even while flying at legal altitudes and in full compliance with FAA regulations.
The Risk of a Two-Tiered Airspace
For African nations with fragile general aviation ecosystems, mismanaging surveillance data could create a divide, where only large commercial operators can afford to comply and defend against ADS-B-based charges, while small operators are driven out or forced to fly without transponders, undermining safety.
Many African governments, including Kenya, Nigeria, and Ghana, are reviewing or rolling out ADS-B infrastructure as part of ICAO compliance and donor-supported modernisation efforts. But few have yet published detailed frameworks on how the resulting data will be governed.
A Call for Balanced Policy
As Africa’s skies become more digitally monitored, industry players are calling for a balance between safety, privacy, and fair economic policy. The U.S. bill, if passed, may offer a legislative model for African countries to consider.
In the meantime, aviators across the continent are watching closely, and some are urging regional bodies like the African Civil Aviation Commission (AFCAC) and AFRAA to issue clear ADS-B data use guidelines.
